Media: Make rape trial public

Attorneys to argue at hearing today that proceedings be closed

January 25, 2013

STEUBENVILLE - Local and national news organizations are expected to argue today that further juvenile court proceedings involving two Steubenville High School student-athletes charged with rape should remain open to the media and public.

But Ohio Attorney General Mike DeWine, an attorney for one of the two defendants and the attorney of the 16-year-old victim are calling for the coming trial to be closed to the public.

Attorney Robert Fitzsimmons, who represents the victim, filed a motion Tuesday in Jefferson County Juvenile Court asking that he and the victim's parents be allowed to be present at the trial of the two juveniles and that the public and media be barred from the proceedings.

Article Photos

Jefferson County sheriff Fred Abdalla addresses a crowd at the Jefferson County Courthouse in Steubenville on, Jan. 5.

Trent Mays, 16, of Bloomingdale and Ma'Lik Richmond, 16, of Steubenville have been charged with rape in connection with an incident that happened Aug. 11 to 12. Mays also faces a charge of illegal use of a minor in nudity-oriented material for allegedly having a picture of the victim in an outgoing text message from his cell phone. Attorneys for both defendants have denied the charges in court.

Fitzsimmons will join attorney Walter Madison, who represents Richmond, in a hearing at 1 p.m. in the Jefferson County Justice Center concerning motions filed in the case, including the closure of proceedings.

Madison also has requested the trial be held elsewhere and that the trial, which is scheduled to start Feb. 13, be continued. Attorney Brian Duncan, who represents Mays, also has filed a motion for continuance but said he intends to file a motion to close the case.

Visiting Judge Tom Lipps earlier this week overruled a motion by Madison requesting that Mays and Richmond have separate trials.

Lipps will make the determination of guilt or innocence after the trial and there will be no jury.

Ross Gallabrese, Herald-Star of Steubenville and The Weirton Daily Times executive editor, said, "We believe the proceedings should remain open to ensure the public can continue to have confidence in the judicial process."

The newspaper will have an attorney present to argue against closure.

The case has received national news coverage, with some news organizations raising questions about the way the investigation into the alleged incident has been handled.

National and state news organizations also will have legal representation at the hearing today.

"Closure of these proceedings would only intensify these concerns and fan the flames of any perception that the allegations will not be handled properly," said Columbus attorney Kevin Shook in his filing on behalf of the AP, ABC, CNN, CBS News, The New York Times and WEWS-TV.

Shook said the media has a well-established constitutional right to cover court hearings and Madison would have a difficult time successfully arguing for the exceptions allowed to such coverage. Those include "a reasonable and substantial basis" that an open trial would endanger the defendant and the trial's fairness, and that the potential for harm outweighs the benefits of an open trial.

Fitzsimmons in his motion to close further proceedings, said the hearings will involve "highly sensitive and personal matters" for his 16-year-old client, whom he refers to only as Jane Doe in the motion.